Determining Liability in a Commercial Trucking Accident  

Posted: August 5, 2022

commercial truck being towedCommercial trucks, 18-wheeler semi-trucks, and tractor trailers surround us as we navigate roadways. In the case of a collision, a commercial truck can do major damage to smaller vehicles, like sedans. Unfortunately, those involved in truck collisions can suffer serious injuries. 

Determining liability after a truck accident can be challenging, adding complexities not always seen in a typical car accident. An experienced truck accident lawyer can review the situation to determine what parties may bear liability.

What Factors are Unique to Truck Accidents? 

Like all motorists on the roadway, truck operators must follow the rules of the road. To establish liability in a truck accident case, an injured motorist will generally have to show that the truck operator failed to obey vehicle and traffic laws or was otherwise negligent. An attorney can investigate the case to determine whether this burden of proof can be satisfied. Proving such negligence may involve obtaining statements from non-party witnesses or identifying and obtaining surveillance footage of the accident. 

Unlike in passenger vehicle collisions, truck accidents can be unique for many reasons. Many truck operators are subject to regulations limiting the number of hours that a truck can be driven in a certain period of time. These regulations exist to keep roads safe from fatigued driving and other truck hazards. If these regulations are not followed, that may be evidence of negligence which can be used to help establish liability.  

Additionally, commercial truck drivers have extra safety measures to mind while sharing the road with other drivers. For example, some of these added precautions may include leaving extra room for braking, accounting for a wider turn radius, not overloading the truck, using safety markers when pulled over on the side of the road, and making sure all cargo is securely loaded before and during transport, etc.  

Who Can Be Liable in a Truck Accident? 

In a typical car accident, the at-fault driver and the owner of the vehicle can be held liable. In a commercial truck accident, however, many other parties may be partially at fault depending on the specific circumstances. Examples include but are not limited to:  

  1. The driver of the vehicle is responsible for safe handling of a commercial vehicle in compliance with the rules of the road and should be professionally trained if they are driving with a commercial driver’s license. 
  2. The trucking company or employer may be responsible to ensure the safety of their vehicles and is also responsible for the drivers they employ.  
  3. The loading company may be liable if cargo was improperly or insecurely loaded 
  4. Equipment or vehicle manufacturers may be liable if the accident was caused by faulty equipment 

The owner of the truck may be liable if the truck was owned by someone other than any of the above parties

An experienced truck accident attorney can help to identify all potentially liable parties and ensure that you secure the evidence you need to obtain maximum compensation.

Hurt in a Commercial Trucking Accident?

If you were injured in a commercial trucking accident, call William Mattar P.C. today. Our car accident lawyers have experience representing clients involved in different types of motor vehicle accidents, including truck accidents. We can help you navigate complex laws and requirements surrounding your case so you can achieve maximum compensation.  To schedule a free initial consultation, call our offices at (844) 444-4444 or fill out our online form.

Related Blog Articles
Our Achievements
We are proud to announce that William Mattar was named one of 2021’s Best Companies to Work for in New York. As a firm focused on helping people, we understand that this starts with how we treat each other. We’re happy to be recognized for creating such a notably positive work environment!

Start a Free Case Evaluation

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.